Gant v. Northwestern Hospital
| Chris Gant |
| Northwestern Hospital |
| 1:2023cv01798 |
| March 20, 2023 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1346 Wrongful Death |
| None |
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| Filing 10 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff has filed two applications to proceed in forma pauperis, and a motion for attorney representation. The first application checks the "yes" box for the question "Are you employed?" while the second application does not. R. 5, 8. This may be a simple mistake, but the Court cannot ignore the discrepancy. The second form also fails to answer the questions regarding any income from the last 12 months, while the first form represents that Plaintiff has $800 in a cash or bank account for rent, but states that he had no income from any source for the past 12 months. It is not clear how Plaintiff paid for basic living necessities, if he truly had no sources of money. Plaintiff must provide accurate financial information for a full year, and if the responses on sources of money remains zero, then he must explain in writing on the application how he obtained living necessities. "To qualify for IFP status, a plaintiff must fully disclose [his] financial condition, and [he] must do so truthfully under penalty of perjury." Effinger v. Monterrey Sec. Consultants, 546 F. Supp. 3d 715, 71718 (N.D. Ill. 2021) ("[C]ourts routinely infer an intent to deceive when the plaintiff offers excuses that are implausible or do not hold up on the record."); see Robie v. Thompson, No. 22-cv-06354, Dkt. 5 (N.D. Ill. Dec. 14, 2022) (declining to "accept the implausible claim that [Plaintiff] obtained the basic necessities of life during the portion of the past year when he was not in custody with no visible means of support. [Plaintiff] is placed on notice that the court gives pro se litigants wide latitude but will not overlook incorrect sworn information provided on forms designed to elicit basic financial information from unrepresented individuals."). The Court therefore strikes the two applications to proceed in forma pauperis #5 #8 . Plaintiff is granted leave to file another application to proceed in forma pauperis. Plaintiff should fill out the form in its entirety, and file it on or before 4/25/2023, or this case may be dismissed. Regarding Plaintiff's motion for attorney representation, he does not fill out question 2, which asks for the attorneys and organizations that Plaintiff has contacted seeking representation. Plaintiff must contact at least three law firms or legal aid organizations to demonstrate that he has made a reasonable effort to obtain counsel on his own. See Pickett v. Chi. Transit Auth., 930 F.3d 869, 871 (7th Cir. 2019) ("A litigant's good faith but unsuccessful effort to obtain counsel is a necessary condition to the provision of judicial assistance to recruit a lawyer."). Also, Plaintiff is a college graduate. R. 4 at 2. At this early stage of the case, he can represent himself competently; all that is needed right now is to pay the filing fee or have his application to proceed in forma pauperis granted, and then, after that happens, arrange for service of process. The motion #4 is denied without prejudice. Mailed notice (axc). |
| MAILED copy of Minute Entry #10 with blank In Forma Pauperis and Attorney Representation forms to Plaintiff Chris Gant. (axc). |
| Filing 9 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 05/30/2023 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Mailed notice (axc). |
| MAILED copy of Minute Entry #9 to Plaintiff Chris Gant. (axc). |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ph, ) |
| Filing 8 APPLICATION by Plaintiff Chris Gant for leave to proceed in forma pauperis. (ph, ) |
| Filing 5 APPLICATION by Plaintiff Chris Gant for leave to proceed in forma pauperis. (ph, ) |
| Filing 4 MOTION by Plaintiff Chris Gant for attorney representation. (ph, ) |
| Filing 3 PRO SE Appearance by Plaintiff Chris Gant. (ph, ) |
| Filing 2 RECEIVED Complaint and no copies by Chris Gant. (ph, ) |
| Filing 1 CIVIL Cover Sheet. (ph, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (ph, ) |
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| Plaintiff: Chris Gant | |
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| Defendant: Northwestern Hospital | |
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